Sentences with phrase «final authority of law»

The Judiciary Act of 1789 gave the federal district courts jurisdiction in maritime law and appointed the Supreme Court as the final authority of law disputes.

Not exact matches

The complaint states that in promulgating the final revisions to PTE 84 - 24, which make the exemption available to «fixed rate annuities,» as defined by DOL, but not to one class of fixed annuities — specifically, «fixed indexed annuities» — the Department «acted without providing adequate notice and an opportunity for comment, reflecting arbitrary and capricious conduct in excess of its statutory authority and in clear violation of its obligations to make necessary findings under applicable law.»

More simply, he denied the king's claim of final authority and announced instead the supremacy of the will of the Lord, a law that bound the reigning monarch not less than his humblest subject.

For Americans at the time of the adoption, it was a radical departure from the parliamentary system in England, if by means of what is the final authority on the law.

As more is revealed about what really went on then that is still existing, and how the AG covered it up by refusing to indict the corruption now running the State Agencies and Authorities in Albany for massive Civil Service Law abuse and the granting of Pension System Final Average Salaries (FAS) way above the their permanent competitive status, you'll hear more excuses than a corrupt regime gives when it is about to collapse and they're in total fear.

The Senate gave final approval to a five - year extension of Kendra's Law, which gives judges the authority to order psychiatric treatment for individuals who pose threats to public safety or themselves.

Federal authorities say the final disputed elements of a law controlling cigarette distribution have been resolved in a lawsuit brought by Seneca Indian Nation businesses.

Under existing law, the state board of education and education department have authority to enact the final standards unless the legislature votes to block the action.

The Board has final authority for the policy and operational decisions of the school in accordance with its Charter and the Charter School Law.

The General Counsel serves as the Chief Legal Officer of the Department, with final authority on questions of law.

Both sides will adopt legislation to ensure this, and on the EU side the Court of Justice will be the final authority, as it will be EU law, while UK courts will be required to interpret the UK law in the light of Court case law, and will even have the possibility to refer questions for up to eight years.

As follows from earlier case law (as translated into guidelines by the Commission in COM (2009) 313 final), when assessing whether the residence of an individual constitutes an unreasonable burden on its social assistance system, national authorities are required to take account of «social factors» such as the level of connection of the EU citizen with the society of the host Member State and any considerations pertaining to age, state of health, family and economic situation.

I would accept that in this hypothetical situation it is necessary as a matter of EU law for the Court of Justice to have the final interpretative authority over the legal «gap» concerning revocation of notification found in Article 50.

The proposal is two levels of application fee involving a lower fee charged for the most straightforward cases and two subsequent fees charged at the initial resolution and final hearing stages under the public law outline — replacing the current protocol for case management — due in, with revised statutory guidance to local authorities and a new experts» practice direction, on 1 April 2008.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

The Damages Directive, which was implemented in the United Kingdom in March 2017, provides that final decisions of national competition authorities (or review courts) in other member states may be presented before national courts as at least prima facie evidence that an infringement of competition law has occurred.

It does not invalidate the lawmaking authority of the Congress, the judicial authority of the courts, the executive power of the President, the status of the Constitution as its final and highest source of law, or its nature as a sovereign government.

In a Guardian Law Blog of 2 September, Adam Wagner lent towards blaming judges for too many authorities being cited and discussed, on the ground that they have the final say as to what appears in a judgment.

Under the final rule's section on personal representatives (§ 164.502 (g)-RRB-, a person with authority to make decisions about the health care of an individual, under applicable law, may make decisions about the protected health information of that individual, to the extent that the protected health information is relevant to such person's representation.

Under the final rule, covered entities may disclose protected health information to such individuals when the covered entity or public health authority is authorized by law to notify these individuals as necessary in the conduct of a public health intervention or investigation.

Response: In the final rule, we clarify that, consistent with the «state law» definition in § 160.202, «law» is intended to be read broadly to include the full array of binding legal authority, such as constitutions, statutes, rules, regulations, common law, or other governmental actions having the effect of law.

Specifically, in the final rule, we define law enforcement official as an official of any agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, who is empowered by law to: (1) Investigate or conduct an inquiry into a potential violation of law; or (2) prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.

Under the final rule, a person is a personal representative of a living individual if, under applicable law, such person has authority to act on behalf of an individual in making decisions related to health care.

In the final rule we permit, but do not require, covered entities to use or disclose protected health information, consistent with applicable law and standards of ethical conduct, in specific situations in which the covered entity, in good faith, believes the use or disclosure is necessary to permit law enforcement authorities to identify or apprehend an individual.

Response: The final rule permits a covered entity to disclose protected health information to a public health authority authorized by law to conduct public health activities, including the collection of data relevant to death or disease, in accordance with § 164.512 (b).

The judge in Richard Slade has interpreted old common law authority on those concepts arguably without recognising its flexibility to reflect the modern practice of interim bills which parties often for good reason treat as being final.